The Access Fund v. Department Agriculture

BACKGROUND

I. FACTUAL BACKGROUND

Partially located within a National Forest, Cave Rock is a culturally, historically, and archaeologically significant site. Some of this significance derives from its role as a sacred site for the Washoe people, Native Americans who have lived in the Tahoe area for at least 1500 years. Traditional Washoe view Cave Rock as the site of important mythological events that are central to their cosmology. It is also a symbol of their cultural and religious identity.

Under traditional Washoe beliefs, Cave Rock is “the most religious feature within the Washoe religion,” and many Washoe compare Cave Rock to a church. Cave Rock is con- sidered so powerful and sacred that the health and integrity of Washoe society may be jeopardized if traditional practices are not observed there. The Washoe believe the rock is the loca- tion of an epic confrontation that occurred during the creation of the Tahoe landscape between water babies who figure prominently in Washoe mythology and a small weasel brother (a mythological ancestor of the Washoe). 10530 THE ACCESS FUND v. USDA Traditional Washoe assert that Cave Rock is to be avoided by all people,…